If you look at section 49, it says, among other things, that someone who wilfully, in the presence of Her Majesty, “does an act that is intended or is likely to cause bodily harm to Her Majesty” has committed an offence.

Colleagues, I believe I mentioned this before. If you talk to people, they'll tell you that if you attack the head of state of any country, that is a serious offence. I know what people will say, that if you get into a scuffle in a bar, that's an offence and so is if you attack the Queen. Most people would say it becomes more serious if you are attacking the representative of the head of state.

I've heard this before, and I'll make the same case again. Some people say that this hasn't been used in many years or maybe not at all. Again, as I pointed out, I remember as a law student at the University of Windsor the professor telling us that the treason sections are not used very often in Canadian history, and he said, “Thank God for that, that's good news, but it doesn't mean you should get rid of the treason sections because hopefully nobody is committing treason against Canada.”

I don't understand even the timing of this. Nobody has a better record of public service, and certainly nobody has a better record over the last 65-plus years in Canada than Queen Elizabeth II. This is her 65th anniversary. She is the longest reigning monarch in British history and in Canadian history. Why would we be removing a section that says, if you try to cause bodily harm to Her Majesty, that is an indictable offence? Why would you want to do that?

Again, I'm not buying the argument that it's like a dust-up in the schoolyard or something. It's not. This is important, and it sends a signal. As I said, the timing could not be worse.

I move, and I believe it is seconded by my colleague Mr. Cooper, that we delete clause 1 of the bill.

I take Mr. Nicholson's point. However, I don't think we heard any testimony with respect to whether the section should be deleted from our Criminal Code even though there was ample opportunity for stakeholders to make that submission. With that respect, without having any evidence to that, I will not be supporting this.

The minister alluded to the fact that other offences of general application would remain available to address the conduct captured by section 49. We're aware that it's been charged once. It was part of Canada's first Criminal Code in 1892. There has been one charge under it, and there have been no convictions under section 49.

For additional information, other jurisdictions like New Zealand and Australia have repealed their equivalent offence of alarming Her Majesty, but undoubtedly the United Kingdom has retained its offence.

It depends on the conduct of the specific case that's being considered. The historical origins of the offence are based on an individual who pointed a firearm at a monarch. That led to the enactment of the particular offence. If that were to happen in Canada today we would have a range of offences available, including our firearms-related offences, uttering threats, and things of that nature.

Her Majesty has said she is not taking any long trips anymore, so it's unlikely she is going to be visiting Canada during the remainder of her reign. I just want to talk about whether or not this actually covers anything, but I guess you could say her successors would be covered by it.

In terms of Ms. Khalid's concern, Robert Finch, who is the Dominion chairman of the Monarchist League of Canada, submitted this to the justice committee with respect to this particular section, and is supportive of keeping this in the code.

Mr. Chair, I saw a brief from the monarchist league organization, but I wasn't aware of it making any specific reference to keeping this provision in the code. It talked about other things dealing with other sections of the Criminal Code, for some reason.